ADVANCED CREATIVE TECHNOLOGIES LIMITED v D4 CASH INVESTORS LIMITED [2018] NZCA 479
Costs follow the event; because the respondent did not seek increased costs, the appellant must pay the respondent's costs for a standard appeal on a band A basis and usual disbursements.
Source-derived case information.
- Citation
- [2018] NZCA 479
- Parties
- Appellant: Advanced Creative Technologies Limited; Respondent: D4 Cash Investors Limited
- Court
- Court of Appeal
- Jurisdiction
- New Zealand
- Judgment Date
- 6 November 2018
- Procedural Posture
- Appeal / Costs Determination
- Outcome
- Appeal dismissed; costs awarded against appellant.
- Legal Topics
- Costs Entitlement, Costs Follow the Event, Reserved Costs, Costs Bands
Source-derived case record
Summary, issues, holding and outcome
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Parties
Advanced Creative Technologies Limited
Appellant
D4 Cash Investors Limited
Respondent
Procedural Posture
Appeal / Costs Determination
Legal Issues
- 1 Whether the respondent was entitled to costs following dismissal of the appeal
- 2 Whether increased costs beyond the standard band A should be awarded
Ratio Decidendi
Costs follow the event; because the respondent did not seek increased costs, the appellant must pay the respondent's costs for a standard appeal on a band A basis and usual disbursements.
Court Disposition
Appeal dismissed; costs awarded against appellant.
Orders
- Appellant to pay respondent costs for a standard appeal on a band A basis and usual disbursements.
Full Case Text
Judgment text and source record
1 paragraphs
ADVANCED CREATIVE TECHNOLOGIES LIMITED v D4 CASH INVESTORS LIMITED [2018] NZCA479 [6 November 2018]IN THE COURT OF APPEAL OF NEW ZEALANDI TE KŌTI PĪRA O AOTEAROACA77/2018[2018] NZCA 479BETWEEN ADVANCED CREATIVETECHNOLOGIES LIMITEDAppellantAND D4 CASH INVESTORS LIMITEDRespondentCourt: Asher, Brewer and Thomas JJCounsel: A M Swan for AppellantH M Z Ford and S C Laing for RespondentJudgment:(On the papers)6 November 2018 at 3 pmJUDGMENT OF THE COURTAS TO COSTSThe appellant must pay the respondent costs for a standard appeal on a band Abasis and usual disbursements.____________________________________________________________________REASONS OF THE COURT(Given by Asher J)[1] This appeal was dismissed.1 At the respondent's request the question of costswas reserved. The judgment recorded:The respondent is entitled to costs. On Ms Ford's indication that increasedcosts is an issue, the respondent is to file and serve a memorandum regardingcosts within 15 working days of the date of delivery of this judgment. The1 Advanced Creative Technologies Ltd v D4 Cash Investors Ltd [2018] NZCA 379.appellant is to file and serve a memorandum within 15 working days of thedate of service of the respondent's memorandum.[2] Ms Ford for the respondent has now indicated that increased costs are notsought.[3] Costs will accordingly follow the event. The appellant must pay therespondent costs for a standard appeal on a band A basis and usual disbursements.Solicitors:WebsterLaw, Auckland for AppellantCook Morris Quinn, Auckland for Respondent